Madras High CourtCRL OP(MD)/16506/2011disposed of

Vijayakumar v. The Inspector Of Police

2017-11-20Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.16506 of 2011 and Crl.M.P.(MD)No.1 of 2011 Vijayakumar ... Petitioner /Accused No.5 Vs.

1.The State represented by, The Inspector of Police, City Crime Branch, Tirunelveli City.

(Crime No.19 of 2010) ... 1st Respondent /Complainant 2.Sathiya Bagavathi ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet in Charge Sheet No.18 of 2011 dated 10.08.2011 on the file of the Judicial Magistrate No.I, Tirunelveli and quash the same.

For Petitioner : Mr.T.A.Ebenezer For R1 : Mr.K.Anbarasan learned Government Advocate For R2 : No appearance

O R D E R

This Criminal Original Petition has been filed to quash Charge Sheet No.18 of 2011 in Crime No.19 of 2010, pending on the file of the Judicial Magistrate No.I, Tirunelveli . 2.Though the learned counsel for the petitioner raised several grounds for quashing the charge sheet filed by the 1st respondent Law Enforcing Agency, he submitted that it would suffice, if a direction is issued to the trial Court to complete the trial within a time limit that may be stipulated by this Court and also to permit the petitioner to raise all the grounds raised in this petition before the trial Court.

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3.I have heard the learned Government Advocate (Criminal side) appearing for the first respondent, who has also conceded the request of the learned counsel for the petitioner. 4.In the light of the abovesaid submission of the learned counsel for the petitioner, this Court without going into the merits of the case, directs the Judicial Magistrate No.I, Tirunelveli, to complete the trial in Charge Sheet No.18 of 2011, within a period of six months from the date of receipt of a copy of this order and the personal appearance of the petitioner is dispensed with unless the learned Magistrate feels that his presence is required for disposal of the case. 5.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(RECORD) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Tirunelveli.

2.The Inspector of Police, City Crime Branch, Tirunelveli City.

(Crime No.19 of 2010) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.T.A.EBENEZER Advocate in SR. No. 88069 RMK JS/JC/SAR.3/6.12.2017/2P-5C Crl.O.P.(MD)No.16506 of 2011 and Crl.M.P.(MD)No.1 of 2011 20.11.2017 https://hcservices.ecourts.gov.in/hcservices/